FRICTION around the council table is boiling over into legal attacks and personal vendettas that are affecting the ability of councillors to function normally.

Can Wellington City Council continue to function while legal attacks and personal battles divert energy from the business of running the city?

In the latest incident, Onslow-Western Ward councillor Jack Ruben was denied the right to vote on the V8 Supercar street race after Chief Executive Garry Poole received legal advice Ruben had made up his mind before the meeting.

Councillors are required to keep an "open mind" on issues that have been put out for public consultation.

The incident follows months of tense meetings, communication breakdowns and allegations of threatening behaviour – which will ultimately see the council in the High Court as Eastern Ward representative Rob Goulden seeks to overturn a council censure he received in December.

Last week, Ruben was prevented from speaking or voting at the meeting on the V8 Supercars after sending an email in which he indicated he was not a race supporter. Poole referred the email to council lawyers Phillips Fox, who said it indicated a "closed mind".

Ruben says the decision to exclude him was ridiculous as many representatives, including Mayor Kerry Prendergast, had made their positions on the race clear

"You go into consultation with an open mind, not an empty mind," Ruben says.

"What has me upset is that you read the pronouncements by the Mayor, including ‘I’m gutted’ There was not one person in Wellington who didn’t know what she was saying about the race."

A council spokesperson was unable to explain how Ruben’s views on the street race were more rigid than those expressed by others around the council table. However, Ruben was the only councillor over whom Poole sought legal advice.

"This is bullshit," Ruben says. "They wanted to pick on me in order to intimidate me."

He has asked Poole to take legal advice on whether Mayor Prendergast’s public support for the race should have disqualified her from voting on the same grounds, and he wants to know who went to Poole and accused him of having a "closed mind".

Lambton Ward councillor Ian McKinnon, who was not aligned with the pro- or anti-race camps, says it is in the interests of natural justice that Ruben be told who accused him.

"If you are not being transparent then you are starting to play Mickey Mouse games, games of secrecy," McKinnon says.

"Jack is saying that he wants to know who made the accusation – and that the Mayor has indicated a view as equally rigid as his. I’m very strong on this natural justice thing and I have some sympathy with this."

To say councillors won’t have views on matters is idealistic, and the council needs to get on with the business of running the city, McKinnon says.

"I would like to think we can operate at a level where we can process the work of the city. I’d be disappointed if we can’t," McKinnon says.

Goulden says the incident will fuel fears that council is becoming mired in personal battles.

"I think it’s vindictive. Some councillors are using this sort of thing to silence their political opponents. There is a huge lack of trust."

Northern Ward councillor Robert Armstrong brought up the issue of Ruben’s views at a meeting in April. He says the decision to exclude Ruben was the correct one.

"The legal advice was quite clear," Armstrong says. "The council does not look good if it allows itself to make decisions that are not made on sound democratic processes."

Ruben avers democracy has been subverted and says excluding him sets a bad precedent for debate on other key issues.

"Forget whether I’m right or wrong, I’m entitled to be heard. I was denied even the ability to participate in the debate.

"I stood and was elected saying there are too many buildings on the waterfront. If that went out for consultation tomorrow they could turn around and tell me I had a closed mind. I’m a politician. I’m expected to express views. That’s what I’m there for.

"The council is starting to disintegrate. It is no longer cohesive. Prendergast turns things into personal battles. She’s never had a sonofabitch like me."